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Rape Laws in Queensland
Considered one of the most heinous criminal offences in modern society, rape convictions can be especially difficult to navigate for all parties due to their complex technical and emotional nature. Section 349 of the Criminal Code provides that any person who rapes another person is guilty of a crime and is liable to face a maximum penalty of life imprisonment sentence. Subsection (2) of the section outlines rape as the following:
- the person has carnal knowledge^ with or of the other person without the other person’s consent; or
- the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent; or
- the person penetrates the mouth of the other person to any extent with the person’s penis without the other person’s consent.
A key element of the offence centres around the topic of consent. Section 348 of the Criminal Code describes consent as meaning consent freely and voluntarily given by a person with the cognitive capacity to give the consent. The legislation also stipulates that consent is not deemed to be freely and voluntarily given if it is obtained using force, threats of harm, intimidation, false representations or where the victim’s identity is mistaken.
Consent is also not considered to be provided even in the circumstances where the victim did not proactively announce that they do not consent to the act. Consent can also be withdrawn at any time, regardless of whether it is by words or conduct. If a penetrative act continues after a person withdraws their consent, this can legally be considered rape.
The team at Smith Criminal Law are experienced in fighting serious criminal charges. We’ll take the time to understand all the facts surrounding your case. Contact us today.